REGINA V S.J [PROVINCIAL COURT OF ALBERTA, OKOTOKS]

S was charged with an allegation of sexual assault contrary to section 271 of the Criminal Code for an allegation that he raped his wife. After interviewing S, Calgary Defence lawyer Curtis Mennie set the matter down for trial immediately. S and his wife (now ex) were going through a custody battle and as a result the complainant had filed several affidavits in the Court of Queen’s Bench making outrageous claims about S. Curtis Mennie was able to obtain these sworn statements and use them along with her multiple police statements to show that S was incredulous about her claim having given different versions to different people about the charge, some involving rape and some not. Over time, and once the complainant spoke to a lawyer about divorce proceedings, the story got worse and worse about what S allegedly did. At trial the various accounts were put before the complainant which were all logically inconsistent. After Curtis Mennie finished cross-examination the Crown stayed the charge against S.

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